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Module Specifications

Archived Version 2008 - 2009

Module Title Equity
Module Code LG324
School School of Law & Government

Online Module Resources

Module Co-ordinatorDr Olivia SmithOffice NumberC221
Level 3 Credit Rating 5
Pre-requisite None
Co-requisite None
Module Aims

The aims of this module are:- To acquaint students with the historical development of the rules of equity in light of the development of the common law;- To acquaint students with the importance of the rules of equity and equitable remedies; - To teach students the principles and rules of equity; and,- To teach students the approach taken by the courts in Ireland to equity.



Learning Outcomes

At the end of the module, students must:- Appreciate the historical development of equity;- Demonstrate a thorough knowledge and understanding of the principles of equity;- Understand how the principles of equity have impacted and continue to impact on the Irish legal system; and, - Be able to solve problems using the rules and principles of equity.



Indicative Time Allowances
Hours
Lectures 0
Tutorials 0
Laboratories 0
Seminars 0
Independent Learning Time 75

Total 75
Placements
Assignments
NOTE
Assume that a 5 credit module load represents approximately 75 hours' work, which includes all teaching, in-course assignments, laboratory work or other specialised training and an estimated private learning time associated with the module.

Indicative Syllabus
  1. Origins and Definitions of Equity and the Trust
  2. Trusts, Powers and Certainties
  3. Formalities
  4. Constitution of Trusts
  5. Resulting Trusts and Trusts of the Family Home
  6. The Fiduciary Nature of Trusteeship
  7. Strangers to the Trust
  8. Breach of Trust
Assessment
Continuous Assessment10% Examination Weight90%
Indicative Reading List

Recommended Textbook

 

H. Delany, Equity and the Law of Trusts in Ireland (4th ed.) Thomson Roundhall, 2007

 

Supplementary Textbooks

 

R. Pearce and J. Stevens, The Law of Trusts and Equitable Obligations (4th ed.) Oxford University Press, 2006

P. Petit, Equity and the Law of Trusts (10th ed.) Oxford University Press, 2005

J. Martin, Modern Equity (17th ed.) Sweet and Maxwell, 2005

G. Watt, Trusts and Equity (2nd ed.) Oxford University Press, 2006

 

These books are published in England and thus students must take care to avoid confusion in areas where Irish law differs from English law. Their advantage is that they are more comprehensive on certain topics, or may provide explanations that are easier to grasp.

Pearce and Stevens, above, is recommended for both its clarity and comprehensiveness.

 

Case-Books

 

H. Delany, Equity and the Law of Trusts in Ireland: Cases and Materials, Roundhall Thomson, 2002

D. Hayton and C. Mitchell, Commentary and Cases on the Law of Trusts and Equitable Remedies, Sweet and Maxwell, 2005

 

Please note that there is no substitute for reading cases ‘first hand’: please do not rely on case-books.

 

Electronic Resources

 

All course materials will be posted to DCU’s online learning environment Moodle. A handout covering each topic will be placed on Moodle in advance of lectures. Please bring the handout to class.

 

Lecture topics that are supplemented with power-point presentations will be posted on Moodle only after the particular lecture topic has finished.

 

Most cases referred to are available through Lexis/Nexis and Justis databases.

Lectures:

 

Lectures are provided to give you an outline of the subjects detailed on the Equity module specification.  They are not intended to replace private study on the topics, or to act as a form of ‘examination pass guide’.  The lectures and lecture handouts should be used to familarise yourself with the topics being covered and as an aid to further reading and study.

 

Following some lecture topics, where time permits, a small amount of lecture time will be devoted to considering a sample exam question in order to equip students with the problem solving skills necessary to tackle the examination and to allow for further discussions of the issues arising.  Further material to this end will be posted on MOODLE.

 

Attendance at lectures is compulsory.

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